In 2023, the U.S. Supreme Court (SCOTUS) will take up what could prove a landmark case on the reach of U.S. courts in awarding damages based on extraterritorial sales in trademark disputes. The case is Abitron Austria GmbH, et al. v. Hetronic International, Inc., Docket 21-1043. Hetronic manufactures construction equipment components. By agreement, Arbitron and […]
Supreme Court Decision in Romag Fasterners Inc. v. Fossil Inc. et al.
Thursday’s Supreme Court decision in Romag Fasterners Inc. v. Fossil Inc. et al. that willfulness should not be an “inflexible precondition” for disgorgement of defendant’s profits in trademark cases has now become one of the relatively few cases from the highest Court that speaks to monetary awards in such cases. What will – or should – […]